Terms of service

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Hall of Flame provides access to the Hall of Flame website to sell our products to you subject to the conditions set out on this page. Please read these conditions carefully before using the website. By using the website, you signify your agreement to be bound by these Terms and Conditions

ORDERING IN AUSTRALIA

Only order Products in accordance with the instructions on this website; and
Pay for the Products in full (without set-off or deduction of any kind) by authorising us to charge your Credit Card or PayPal Account.
While we will endeavour to fulfil your order, we will not be liable to any person if we decline to fulfil an order, or we are unable to supply the Products in your order. No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some Products may be unavailable from time to time. We reserve the right to alter, upgrade or discontinue any Product or information contained on the Site without notice.
We may cancel orders if we believe that they are fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.

All Transactions will be charged by "HALL OF FLAME"
Unless charged through a third-party application like AfterPay or PayPal

Pricing

The price for the Products will be:
- the price in Australian dollars including Australian GST; and
- the costs associated with additional services and delivering the Products to you,
- as quoted on the website at the time of placing your order.

Where you require the products to be packaged in a non-standard manner, we may charge for the cost of the packaging in addition to the above mentioned costs.
We may alter the prices of products at any time without notice for any reason.

Tax

Payment must be effected in the manner described on the website.
Prices are inclusive of Goods and Services Tax for retail customers. For wholesale customers, tax will be added at checkout. 

INTERNATIONAL ORDERING:

1. Import Duties and Taxes: We do not cover or include any import duties, taxes, customs fees, or similar charges for international orders. These charges, if applicable, are the sole responsibility of the customer. By placing an international order with us, you acknowledge and agree that you are liable for any such import duties or taxes imposed by your country's customs authorities.
2. Order Acceptance: All international orders are subject to acceptance by Hall of Flame. We reserve the right to accept or decline an order at any time for any reason.
3. Shipping and Delivery: Shipping costs for international orders will be calculated and displayed during the checkout process. Delivery times may vary depending on the destination and customs clearance processes, and we cannot guarantee specific delivery dates for international shipments. PLEASE NOTE WHOLESALE CUSTOMERS: Flat rate International Shipping does not apply for Wholesale customers, or orders containing any Glass Sleeves - please see section 7. Any international wholesale orders placed - shipping will need to be quoted by Hall of Flame. Please email us with your order and we can present you with a quote.
4. Returns and Refunds: Please refer to our standard Returns and Refunds policy for details regarding international returns and refunds. Customers are responsible for any return shipping costs, any damage to returned goods during transit, customs fees, and taxes associated with returning items.
5. Currency: All transactions are processed in Australian Dollar (AUD). Your bank or financial institution may apply a currency exchange rate and fees for transactions made in a currency other than your local currency.
6. Customer Responsibilities: It is the customer's responsibility to ensure that the ordered items comply with all local laws and regulations of the destination country. We are not liable for any items seized or confiscated by customs authorities due to violations of local laws or import restrictions.
7. Glass Sleeves : Please note flat-rate shipping is not eligible for Glass Candle Sleeves, as they are considered a bulky fragile item. If you process an order with Glass Sleeves, you will be obligated to pay an additional fee (quoted upon purchase) to insure your shipment.
8. Safe-Arrival Guarantee: We want you to order with confidence. However, we will only honour the safe-arrival guarantee when we ship with DHL. The Guarantee means we will refund or replace your broken items upon arrival. We are at the discretion of how we reconcile the breakage. For the guarantee to be valid, you must send us a photo as proof of the broken goods with 48hrs of receipt.
9. AUS POST [NON-FRAGILE ONLY] International Shipping: Please note this option is for non-fragile items such as Metal Candle Holders. Candles over 35cm, Crystal, and glass are considered fragile items, and the safe arrival guarantee does not apply for any of these items being transported to International via Australia Post.
10. Modification of Terms: Hall of Flame reserves the right to modify these terms and conditions for international orders at any time without prior notice. Changes will be effective upon posting on our website.

By placing an international order with us, you signify your acceptance of these terms and conditions. If you do not agree with any part of these terms, please refrain from placing an international order with us.

For questions or concerns regarding international orders or these terms and conditions, please contact us at hello@hallofflame.store

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
We are unable to change your password for you. 
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
Hall of Flame reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

Promotions and Offers

All promotions and offers are exclusive to hallofflame.com.au unless otherwise stated.  Any promotion or offer may not be used in conjunction with another unless otherwise stated. Promotions and offers are subject to availability and we reserves the right to revoke promotions and offers at any time and for any reason without notice.
We reserve the right to run promotions and offers for set periods of time and in specific locations and not others. Please note that our promotional offers, including Free Standard Shipping on Retail orders over $300, are applicable to Australian addresses only.

Free gifts cannot be exchanged for cash, resold by the purchaser, or returned for a refund or replacement unless the product is faulty. 

By submitting our Newsletter form, creating an account with Hall of Flame and signing up for texts you consent to receive marketing text messages (e.g. promos, cart reminders) from Hall of Flame at the number provided, including text messages. Consent is not a condition of purchase. Msg frequency varies. Unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available). We may periodically send promotional emails and SMS about new products, special offers or other information which we think you may find interesting using the email address and mobile number which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, or mail. We may use the information to customise the website according to your interests.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

If you believe that any information we are holding on you is incorrect or incomplete, please contact us soon as possible, at the above address. We will promptly correct any information found to be incorrect.

International Orders

You are liable for the payment of any local country import duty, customs or sales taxes levied on the products purchased.
All international orders will be converted into your local currency at the rate applied by your credit card company.
No GST will be charged on sales of goods dispatched outside of Australia and New Zealand.
Credit card transactions are processed in Australia. Some banks may charge an overseas transaction fee and or/foreign currency exchange fee for purchase made outside of Australia.

Delivery

We will deliver the products to the premises nominated in your order at your cost (at the rate selected at checkout), within a reasonable time of accepting your order. If we have specified a delivery date, we will try and deliver the products to you by that date. We will not be liable to you for late delivery. Late delivery does not entitle you to cancel any order or part of any order.

We may deliver the products to you by instalments and each delivery will be a separate contract independent from the other deliveries.
We will re-deliver, replace or refund the product (at our option) if we have incorrectly addressed the delivery. We take no such responsibility if you gave an incorrect or insufficient address.

In the event that a package needs to be returned to us or requires redelivery, we recognise the inconvenience this may cause. Please know that any associated fees for return to sender or redelivery will be at the expense of the customer. We want to emphasise that we are here to assist you throughout this process and encourage you to reach out to our dedicated customer support team with any questions or concerns.

Shipping Cost Estimate 

While we strive to provide accurate postage estimates, please understand that unforeseen additional costs may arise for specific suburbs within a given post code, particularly for our valued wholesale and stockist partners. These costs are impacted by factors beyond our control in collaboration with our shipping partners. Your understanding and patience are greatly appreciated.

At times, shipping may be overstated at checkout, in which we will refund you the difference. 

Title and Risk

We remain the owner of the products we supply to you until you have paid in full all amounts that you owe us for all the products. The products are at your risk as soon as they leave our premises for delivery to you.

Limitation of Our Liability

To the extent permitted by law, all express or implied conditions and warranties in connection with the site, the service and the sale of any products are excluded.
We do not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances, to the extent permitted by law, we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option to:

The replacement of the Products; or
The supply of equivalent Products; or
Making a full refund to you.

Where you resupply the products in trade: To a person, you must include a term in your contract with that person that, to the extent permitted by law, all express or implied conditions and warranties in connection with the sale of any products are excluded; and you must not make any representation in relation to the performance, quality or application of the products without our prior written approval.

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Return of Products

1. General

We offer refunds and replacements in accordance with Australian Consumer Law.
Before making a purchase, please carefully read this policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
We shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.

2. Cancellations

We will refund your order if it has been cancelled before your order has left our warehouse.

If your order has already been dispatched, you will need to return the order as a change of mind which may incur return shipping fees. Original shipping fees will not be refunded.

3. Change Of Mind

Change of mind means that you have received the correct products according to your order, but you have changed your mind and wish to return or exchange the item. Or you failed to cancel your order prior to it being dispatched from our warehouse.

Please note, we do not issue refunds on non-faulty items, only a store credit will be provided once your return item/s is/are received back at our warehouse in original packaging and without damage. Damaged items will not be eligible for a store credit.

Change of mind returns are accepted, provided you have contacted us within 14 days of receiving your order to arrange a return. If this time frame has passed since receiving your purchase, unfortunately, we cannot offer you store credit in exchange for your items.
Return shipping is at your expense

4. Products Damaged During Delivery

If the product you ordered has been damaged during delivery:

Please contact us within 72 hours of receiving your order via hello@hallofflame.store
Please provide photos of all damaged item/s along with your order number.
We will use our discretion to arrange either a replacement of an equivalent product or a refund, providing that you have contacted us within the allocated time after receiving the product.

5. Sales, Promotions and Discount Codes 

If you applied a coupon, or discount on the order you are returning, or purchased an item on sale, you’ll be credited the amount you paid after the discounts were applied. 
 

6. Redeeming a Gift Voucher 

If you paid for your order with a gift voucher and it's returned, you'll be issued with an account credit for the value of your order once your return has been processed. The voucher amount will be credited back to your Hall of Flame account.

7. Exceptions

Notwithstanding the other provisions of the policy, we may refuse to provide a replacement or refund for a product purchased by you if:

The damage is caused by product misuse
You knew or were made aware of the problem(s) with the product before you purchased it.
Any other exceptions that apply under the Australian Consumer Law.

8. Major Failures or Product Defects

When you report a product defect or major failure, we will immediately begin an investigation and some product testing.

Major product defects are determined:
If the product is unable to perform its intended use due to manufacturing default.

If our quality control team deems the product faulty, you will be entitled to:

i) Cancel the purchase; and/or;
ii) A refund for the price of the goods

9. Discontinued Products

All discontinued products under our “sale” collection are final sale, no returns or exchanges will be accepted.

10. Colour Matching

Whilst we take every care to represent our product colours accurately, colours depicted on our website can vary slightly from the real item. This is because colours render differently from one, computer or smartphone screen, to another. Additionally, our candles are handmade from all-natural ingredients and dyes, meaning that colours can vary slightly from one batch lot to another. We are not responsible or liable for minor changes in colour from batch to batch.

If colour matching is particularly important to you, we recommend getting in touch with our customer service team prior to making a purchase. They may be able to assist you by providing photographs or advice. We also recommend purchasing a sample prior to placing your order if exact shades are important to the success of your design.

If you are still unhappy with the colour you have ordered, you are welcome to return the item under the change of mind policy.

How to return Products:

You can contact us via email at hello@hallofflame.store to notify us of your intent to return and request the return process information. Please allow 3 to 7 days for processing and understand that we cannot refund postage and packing unless goods are deemed to be faulty. The customer is responsible for return shipping. 

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GENERAL:

Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You must not use the website for any of the following:

for fraudulent purposes, or unlawful activity;
to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or which consists of, or contains, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam'
 
Copyright and database rights

We proudly produce our own custom products through research and development and in-house design. We ask that you respect our intellectual property and don't copy, reproduce or publish any content without our express permission. All images and products depicted on this web site are protected by Australian copyright laws, international copyright and database right laws.
You may not create and/or publish your own database that features substantial (e.g. our prices, products, imagery, or copy) parts of this website without Hall of Flame's express written consent.

Our contract

When you place an order to purchase a product from Hall of Flame, we will send you an email confirming receipt of your order and containing the details of your order.
Your order represents an offer to us to purchase a product which is accepted by us when we dispatch that product to you and is confirmed by an email we send to you confirming that we have dispatched the product. That acceptance will be complete at the time we send the Dispatch Confirmation Email to you.
You are seeking to enter into a contract with Hall of Flame when you place an order.

Linked Websites

This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current as maintained. Hall of Flame is not responsible for the content or privacy practices associated with linked websites. 
The links with other websites should not be construed as an endorsement, approval or recommendation by Hall of Flame of the owners or operators of those linked websites, or any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Electronic communications

When you visit the website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights. 

Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Indemnity

You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, the Site, or the supply or non-supply of Products.
You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on full indemnity basis, made by any third party due to or arising out of:
- a breach of these Terms by you; or
- the infringement by you, or another user of the Service using your name and password, of any intellectual property or other right of any person or entity.

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STOCKIST AND STYLIST ONLY Terms

Stockist Locations

1. The Wholesale Partner agrees to be listed on the Retail Partner / Stockist location included on our website.  You may contact us at hello@hallofflame.store if you do not wished to be listed. 
2. Hall of Flame reserves the right to decide if a Partner is classified as a Wholesaler or Stockist based on the details provided by the business at time of application.
3. Hall of Flame reserves the right to add or remove partners from the wholesale back-end and stockist list on our website at our discretion.  

Agreement Termination

1. Either party may terminate this Agreement at any time.
2. Notwithstanding anything in these Terms and Conditions, Hall of Flame may terminate this Agreement immediately without notice for reasons of serious misconduct, or any other circumstances justifying immediate termination of the Wholesale Partner agreement including, but not limited to, the following: 

1. The Wholesale Partner does not pay any money due within a reasonable time frame;
2. the Wholesale Partner engaging in wilful or deliberate behaviour that is inconsistent with the continuation of these Terms and Conditions, such as serious and persistent breach of the provisions of these Terms and Conditions;
3. the Wholesale Partner engaging in conduct that causes serious and imminent risk to the health and safety of a person or the reputation, viability or profitability of the Hall of Flame’s business;
4. the Wholesale Partner engaging in theft, fraud or assault during the course of this agreement or is charged with any offence which, in Hall of Flame’s reasonable opinion, brings the Wholesale Partner or Hall of Flame into disrepute;
5. the Wholesale Partner, if an individual, becomes of unsound mind or is liable to be dealt with under any law relating to mental health;
6. a representation, warranty or statement made or deemed to be made by the Wholesale Partner in this agreement is untrue or misleading;
7. the Wholesale Partner is or states that it is unable to pay all its debts as and when they become due and payable;
8. the Wholesale Partner is taken or must be presumed to be insolvent or unable to pay its debts under any applicable legislation;
9. a receiver or receiver and manager is appointed in respect of the Wholesale Partner; or
10. any material change occurring to the business of the Wholesale Partner, of which they have not given notices to Hall of Flame.
    

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Amendments:

Amendment to Terms and Conditions

1. The parties agree that Hall of Flame reserves the right to make any necessary amendments to these Terms and Conditions as it deems appropriate and the Wholesale Partner will be deemed to have accepted those amended Terms and Conditions upon accessing their wholesale account through the website and proceeding to order from Hall of Flame. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.

 

DISCLAIMER

The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. This website may include inaccuracies or typographical errors. Hall of Flame and any other persons involved in the management of this website may make changes in the products and prices described in this website, and to the content of this website, at any time without notice. Hall of Flame shall not be responsible for any detrimental reliance you place on this website or its contents. Use of this website is on an "as is" basis and is entirely at your own risk.

Unless otherwise agreed to in writing by Hall of Flame, the contents of this website and all goods that may be provided in any connection with this website are provided "as is", and are for consumer end use only, and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, for a particular purpose, or non-infringement, are denied and disclaimed, except to the jurisdiction. Except as otherwise expressly agreed, Hall of Flame makes no representations, warranties, covenants or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the contents of this website, or any goods that may be provided or sold in any connection with this website. Any representations, warranties or covenants with respect to any goods referred to in this website shall be subject to, governed by, and as stated in the applicable contract governing the provision of same.

In connection with your viewing and use of this website, except for any commercial transactions that may be undertaken in connection with this website, Hall of Flame shall not be liable for any damages, harm, liability, loss, cost, expense, or injury suffered in any connection with this website whatsoever, including as a result of using, accessing, copying, or downloading any part of this website's content. In no event shall Hall of Flame be liable for any direct, indirect, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach of contract, or in tort, negligence, equity, or otherwise even if Hall of Flame has been previously advised of the possibility of such damage.

You agree to have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the website and will not make a claim against Hall of Flame for lost data, re-run time, data corruption, communication interception, inaccurate output, work delays or lost profits resulting from any use of this website.

You agree to hold Hall of Flame absolutely harmless from, and you covenant not to take any action against Hall of Flame for, any claims based on using this website.

How to contact us regarding these Terms and Condition

If you have any questions about these Terms and Conditions, if you wish to correct or update information we hold about you or if you wish to make a complaint about a breach of these Terms and Conditions by Hall of Flame please contact us at hello@hallofflame.store

Our details:
Phone Number: 0401 740 229
General Enquiries: hello@hallofflame.store
Production Communications: team@hallofflame.store
Brand partnerships: Sheridan@hallofflame.store

Registered in Australia
ABN Number: 810 646 856 97 
Email Address: hello@hallofflame.store